When Did Constitutional Scholarship Begin?
laycockd at umich.edu
Thu Sep 14 15:13:05 PDT 2006
I don't know the answer, but it was early. St. George Tucker
published an American edition of Blackstone in 1803, in which he
addressed the meaning of the Free Speech Clause and argued that it
applied to subsequent punishments and not merely prior restraints (as
Blackstone had characterized English protections for speech). I would
guess Tucker dealt with other constitutional issues too, but I don't
Story's Commentaries on the Constitution come later, around 1840 I
think, but I haven't checked. Cooley's treatise on the Constitution
is right after the Civil War.
Quoting rjlipkin at aol.com:
> When did American constitutional scholarship begin in American
> history? I know this depends on what one means by 'scholarship,'
> right now I'm just concerned with palpable items such as articles,
> pamphlets, books which describe and/or criticize constitutional law
> as it was developed by the Court. Thanks.
> Robert Justin Lipkin
> Professor of Law
> Widener University School of Law
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